BHAGGA Vs. DULESINGH

JUDGEMENT

(1.) THIS second appeal at the instance of the plaintiff is directed against the judgment and decree dated 22.6.1983 passed by the Ilnd Additional District Judge (Camp Agar) to the Court of District Judge, Shajapur in first appeal No. 28-A/82. By the impugned judgment and decree, dismissal of the suit, filed by the plaintiff, by the trial Court was maintained.

(2.) PLAINTIFF instituted a suit for declaration of title and possession of agricultural land admeasuring 5 bigha, 5 biswa situated in village Shatrukhedi, Tehsil Susner (for short hereinafter referred to as 'the suit land'). The claim of the plaintiff was based on the allegation that he was given on lease 17 bigha of agriculture land 13 biswa on 16.12.1963 by the Government and possession was also delivered to the plaintiff. Out of the land allotted to the plaintiff, he had sold 1.547 hectares to Gumansingh and Mangilal. The remaining 5 bigha, 5 biswa remained with the plaintiff, which is the suit land.

(3.) THE claim of the plaintiff was denied by the respondent and it was alleged that the defendant was in possession of the suit land even prior to the alleged lease deed given in favour of the plaintiff. Thus, the defendant claimed adverse possession and prayed for the dismissal of the suit on the ground of limitation. It was also submitted that on the basis of long possession, name of the defendant- responden was recorded in the revenue record and later on it was mutated in favour of the respondent. With these pleadings, parties. went to trial. Plaintiff examined himself as PW 1 besides examining 3 other witnesses. On the other hand, defendant besides examining himself as DW 1, examined two more witnesses.